Casino Control Act 1988 (ACT)

Case

Casino Control Act 1988 (repealed)   

A1988-72

Republication No 14

Effective:  1 May 2006

Republication date: 1 May 2006

As repealed by A2006-2 s 156 (1)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Casino Control Act 1988 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 1 May 2006. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

  • authorised republications to which the Legislation Act 2001 applies

  • unauthorised republications.

  • The status of this republication appears on the bottom of each page.

    Editorial changes

    The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

    This republication does not include amendments made under part 11.3 (see endnote 1).

    Uncommenced provisions and amendments

    If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.

    Modifications

    If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.

    Penalties

    The value of a penalty unit for an offence against this republished law at the republication date is—

    (a)if the person charged is an individual—$100; or

    (b)if the person charged is a corporation—$500.

    Casino Control Act 1988 (repealed)

    Contents

    Page

    Part 1Preliminary

    1. Name of Act  2

    2AIncorporation of Gambling and Racing Control Act  2

    1. Definitions for Act  2

    3AA         Determination of people who are not operations employees                 8

    3AOwners  8

    3BSuitability  9

    3CRespectability  10

    3DInfluential persons  10

    3EOffences against Act—application of Criminal Code etc 11

    Part 2Administration

    Division 2.1           Casino

    1. Designation of casino  12

    2. Lawfulness of casino operation  12

    3. Application of Liquor Act  13

    Division 2.2           Inspectors

    1. Chief casino inspector  13

    2. Functions of chief casino inspector  13

    3. Chief casino inspector—powers  14

    4. Inspectors  14

    5. Identity card for chief casino inspector  14

    6. Rights of inspector on casino premises  14

    7. Powers of inspectors  15

    Division 2.3           Financial

    1. Casino licence fee  17

    2. General tax  18

    16A         Commission-based player tax  19

    1. Liability for fee and taxes—suspension of licence  20

    Part 4Control agreement

    1. Owner of casino  21

    2. Commission must make control agreement  21

    3. Control agreement  22

    Part 5Casino licence

    1. Grant of casino licence  23

    45A         Casino licensee must comply with code of practice  24

    1. Duration of casino licence  24

    2. Surrender of casino licence  24

    3. Commission may take disciplinary action against casino licensee         25

    48A         Minister may suspend or cancel the casino licence in public interest      26

    48B         Grounds for disciplinary action  26

    1. Procedure for disciplinary action or Ministerial action  27

    2. Assignment of casino licence  28

    3. Appointment of administrator  29

    Part 6Operational arrangements

    1. Lease of casino  30

    2. Casino operation agreement  31

    3. Variation of lease or agreement  31

    4. Scrutiny of supply contracts  32

    5. Termination of supply contracts  33

    6. Effect of termination  33

    Part 7Operation of casino

    Division 7.1           Facilities and operations

    57A         Directions about operations  34

    1. Maintenance of facilities  34

    2. Approval of layout  34

    3. Approval of gaming equipment and chips  35

    60A         Approved system of controls and procedures must be implemented       35

    60B         Content of approved system  36

    Division 7.2           Operating times

    1. Application of Holidays Act  38

    2. Casino must operate only at approved times  38

    3. Approved schedule of opening times  38

    Division 7.3           Exclusion of persons from casino

    1. Excluded persons  39

    2. No general right of entry to casino  39

    3. Entry of inspectors  39

    4. Entry of police  39

    5. Exclusion of children  40

    6. Casino licensee may notify persons of exclusion  41

    7. Casino licensee must notify certain persons of exclusion  42

    70A         Notification of exclusion by commissioner of police or commission        42

    70B         Requests for exclusion  43

    70C         Requests for revocation of exclusion  44

    70D         Casino licensee must exclude excluded persons  44

    70E         Excluded person must not enter casino  45

    70F         Enforcement  45

    70G         Record of persons excluded from casino  45

    Division 7.4           Gaming and related activities

    1. Authorised games  46

    2. Rules for authorised games  47

    3. Gaming equipment and chips  48

    4. Conduct of gaming  48

    5. Gaming by certain persons prohibited  49

    6. Gaming machines  50

    7. Cheating  50

    8. Forgery  51

    Division 7.5           Provision of money for gaming

    1. Restriction on credit  52

    2. Cheques  52

    3. Deposit accounts  53

    4. Redemption of cheques  54

    5. Proceedings etc in relation to gaming  54

    Part 8Casino employees’ licences

    Division 8.1           Employment of licence holders

    1. Key employees  56

    2. Operations employees  57

    3. Information relating to casino employees  58

    4. Effect of suspension or cancellation of licence  59

    Division 8.2           Applications for licences

    1. Eligibility for issue of casino employees’ licences  59

    2. Application for casino employee’s licence  60

    3. Destruction of prints and photographs  60

    4. Change of particulars set out in application  61

    5. Requirement for further information  61

    6. Approval of application  62

    Division 8.3           Issue of licences

    1. Issue of casino employee’s licence  63

    2. Conditions of casino employee’s licence  63

    3. Provisional casino employee’s licence  64

    Division 8.4           General

    1. Duration of casino employee’s licence  66

    2. Variation of casino employee’s licence  67

    3. Loss etc of casino employee’s licence  68

    4. Suspension and cancellation of casino employee’s licence                 68

    Part 9Enforcement

    Division 9.1           Powers of search, entry and seizure

    1. Interpretation for pt 9  71

    2. Powers of inspectors  72

    3. Seizure of things not specified in warrant  72

    4. Consents relating to searches  73

    5. Search warrants  74

    6. Police entry  76

    7. Special powers of inspectors and police  76

    8. Restrictions affecting search of persons  77

    9. Disposal of gaming equipment etc after seizure  78

    10. Detention of suspected person  79

    Division 9.2           Offences

    1. Compliance with requirement of inspector  80

    2. Impersonating licence holder etc  80

    3. Failure to provide information  80

    4. Conflict of interest  80

    5. Acts and omissions of representatives  82

    Part 10Financial

    1. Banking accounts  84

    2. Access to banking records  85

    3. Accounts and records  85

    4. Statement of accounts  86

    5. Audit  86

    6. Retention of records  87

    Part 11Review of decisions

    1. Definitions for pt 11  88

    2. Review of decisions  89

    3. Notification of decisions  89

    Part 12Miscellaneous

    127A        Effect on Territory plan  91

    1. Security related decisions  91

    2. Directions for management  92

    3. Recommendations of commission  92

    4. Evidence  92

    5. Determination of fees  93

    6. Regulation-making power  93

    7. Transitional provision on control agreement  96

    Endnotes

    1. About the endnotes  97

    2. Abbreviation key  97

    3. Legislation history  98

    4. Amendment history  102

    5. Earlier republications  113

    Casino Control Act 1988 (repealed)

    An Act to provide for the establishment and control of a casino in the Territory

    Part 1Preliminary

    1. Name of Act

      This Act is the Casino Control Act 1988.

    2AIncorporation of Gambling and Racing Control Act            

    The Gambling and Racing Control Act 1999 is incorporated and is read as one with this Act.

    1. Definitions for Act

      In this Act:

      NoteA definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).

      approved schedule of opening times means the approved schedule mentioned in section 62.

      approved system—see section 60A.

      associate, in relation to a corporation—see the Foreign Takeovers Act 1975 (Cwlth), section 6.

      authorised game means a game declared under section 71 to be an authorised game for this Act.

      authorised person means—

      (a)the chief casino inspector; and

      (b)an inspector; and

      (c)an investigator; and

      (d)a member of the commission; and

      (e)a casino employee; and

      (f)any other person who exercises in relation to this Act a function on behalf of the Territory.

      casino means the area designated under section 4.

      casino employee means—

      (a)a key employee; and

      (b)an operations employee; and

      (c)any other person employed or permitted to work in relation to the operation of the casino.

      casino employee’s licence means—

      (a)a key employee’s licence; or

      (b)an operations employee’s licence.

      casino lease means—

      (a)a written lease under which the owner leases the casino to another person, being a lease approved by the Minister under section 52; or

      (b)that lease as varied from time to time in accordance with section 54.

      casino lessee means the lessee under a casino lease.

      casino licence means a licence granted under section 45.

      casino licence fee means the casino licence fee determined under section 15.

      casino licensee means the corporation that holds the casino licence.

      casino operation agreement means—

      (a)an agreement entered into between the owner or casino lessee and the casino licensee under section 53 (1); or

      (b)that agreement as varied from time to time in accordance with section 54.

      censure—see section 48.

      chief casino inspector means the person appointed under section 8 to be the chief casino inspector.

      chip purchase voucher means a document issued to a person by the casino licensee entitling the person to be issued with chips by the licensee the face value of which is equivalent to the amount specified in the document.

      chips means any tokens used or capable of being used in a casino in the conduct of gaming in the place of money and approved for the purpose by the commission.

      commission means the Gambling and Racing Commission established by the Gambling and Racing Control Act 1999.

      commission-based gaming means gaming participated in by a person visiting the casino under a commission-based player scheme.

      commission-based player scheme means an arrangement between a promoter and the casino licensee, or between a prospective player or players and the licensee—

      (a)the primary purpose of which is to induce a person or persons or the prospective player or players to visit the casino for the purpose of participating in gaming; and

      (b)under which an amount exceeding the prescribed amount is provided, directly or indirectly, for that person or player or either or any of those persons or players by the casino licensee by way of commission in relation to the visit or in connection with the provision of transportation, food, beverages, lodging or entertainment in respect of the visit or for any other purpose associated with the visit.

      commission-based player tax means tax payable under section 16A.

      control agreement—see section 43.

      court includes any tribunal, authority or person having power to require the answering of questions or the production of documents.

      disciplinary action—see section 48.

      employ includes engage under a contract for services.

      excluded person—see section 65.

      financial year means a period of 12 months ending on 31 December.

      game means a game of chance or a game partly of chance and partly of skill.

      gaming means the playing of any game.

      gaming equipment means any electrical, electronic or mechanical device or any other thing (other than chips) used, or suitable for use, in connection with gaming.

      gaming machine—see the Gaming Machine Act 1987.

      general tax means tax payable under section 16.

      grounds for disciplinary action—see section 48B.

      group—see the Taxation Administration Act 1998, section 112.

      influential person—see section 3D.

      inspector means an authorised officer under the Gambling and Racing Control Act 1999.

      involved person means—

      (a)the casino licensee; or

      (b)an owner; or

      (c)the casino lessee; or

      (d)a casino employee.

      key employee means—

      (a)a person who is employed or permitted to work in relation to the operation of the casino in a managerial capacity; or

      (b)a person who makes decisions, involving the exercise of his or her discretion, that substantially affect the operation of the casino.

      key employee’s licence means a key employee’s licence issued to a person under section 94 (1).

      licence means a casino licence or a casino employee’s licence.

      operation, in relation to the casino, means—

      (a)the conduct of gaming in the casino; or

      (b)the management, supervision and surveillance of the conduct of gaming in the casino; or

      (c)money counting in relation to the casino; or

      (d)accounting in relation to the casino; or

      (e)the provision of facilities or services in the casino, other than facilities or services relating to gaming; or

      (f)advertising in relation to the casino; or

      (g)the use of storage areas in the casino; or

      (h)the keeping and storage of records; or

      (i)any other activities incidental to, or connected with, gaming or any other facilities or services provided in the casino.

      operations employee means a person who is employed or permitted to work in relation to the operation of the casino, other than—

      (a)a key employee; or

      (b)a person to whom a determination under section 3AA applies.

      operations employee’s licence means an operations employee’s licence issued to a person under section 94 (2).

      owner—see section 3A.

      premises includes—

      (a)a structure, building, aircraft, vehicle or vessel; and

      (b)a place (whether enclosed or built on or not).

      prescribed identity document, for an individual, means a document that—

      (a)contains information that indicates that the individual showing it is more than 18 years old; and

      (b)contains a photo that could reasonably be thought to be of the individual displaying it; and

      (c)is 1 of the following:

      (i)a licence issued under the Road Transport (Driver Licensing) Act 1999;

      (ii)a proof of age card issued under the Liquor Act 1975;

      (iii)a document equivalent to a document referred to in subparagraph (i) or (ii) that has been issued in a State or another Territory;

      (iv)a passport.

      records, in relation to the operation of the casino, means any books, accounts, documents or other source of information of any description (however compiled, recorded or stored) that concern the operation of the casino or are otherwise relevant to the administration of this Act.

      respectable—see section 3C.

      security related decision means a decision referred to in section 128 (1) (a) or (2) (a) in respect of which a certificate under section 128 has been signed.

      suitable—see section 3B.

      supply contract means—

      (a)a contract relating to the supply of goods or services to the casino; and

      (b)a contract included in a class of contracts specified by the regulations to be a class of contracts for part 6;

      other than—

      (c)the casino operation agreement; or

      (d)a casino lease; or

      (e)a contract relating to the construction of the casino; or

      (f)a contract included in a class of contracts specified by the regulations not to be a class of contracts for part 6.

    3AADetermination of people who are not operations employees

    (1)The Minister may, in writing, determine that a person is not an operations employee for this Act.

    (2)A determination is a notifiable instrument.

    Note A notifiable instrument must be notified under the Legislation Act 2001.

    3AOwners

    In this Act—

    (a)a reference to an owner of the casino is a reference to a person who, alone or jointly with others, is the lessee of a parcel of land on which the casino, or part of the casino, is located; and

    (b)a reference to the owner of the casino is a reference to all such persons.

    3BSuitability

    (1)A corporation is suitable to be the casino licensee only if—

    (a)it is respectable; and

    (b)each influential person of the corporation is respectable; and

    (c)it has or can readily obtain—

    (i)the financial resources; and

    (ii)the services of competent individuals;

    necessary to operate the casino successfully and free of any corrupt influences, in accordance with this Act.

    (2)A person is suitable to be an owner of the casino only if—

    (a)the person is respectable; and

    (b)if the person is a corporation—each influential person of the corporation is respectable; and

    (c)the person has the capacity properly to fulfil the person’s obligations as an owner under this Act.

    (3)A corporation is suitable to be the lessee of the casino only if—

    (a)it is respectable; and

    (b)each influential person of the corporation is respectable; and

    (c)it has the capacity properly to fulfil its obligations as the lessee under this Act.

    3CRespectability            

    (1)Subject to this section, a corporation is respectable if —

    (a)it has a good business reputation; and

    (b)it is in a sound financial position and has not operated with inadequate financial resources; and

    (c)it does not have business or financial arrangements with a person that is not respectable.

    (2)Subject to this section, an individual is respectable if he or she—

    (a)has a reputation for good character; and

    (b)he or she has a good business reputation; and

    (c)is in a sound financial position; and

    (d)does not have business or financial arrangements with a person that is not respectable.

    (3)A person is not respectable if the person­­ has been convicted within the previous 5 years, whether in the ACT or elsewhere, of an offence—

    (a)involving fraud or dishonesty; or

    (b)that is punishable by a term of imprisonment; or

    (c)against a gaming law of the Territory or a similar law of another jurisdiction.

    3DInfluential persons

    (1)In this Act, each of the following is an influential person of a corporation:

    (a)a secretary, director or senior manager of the corporation;

    (b)a related corporation;

    (c)a secretary, director or senior manager of a related corporation;

    (d)an influential owner;

    (e)an apparently influential person.

    (2)In this section, in relation to a corporation:

    apparently influential person means a person who, it appears to the commission, has the capacity, by informal means or connections, to have as much influence over the actions of the corporation as a person mentioned in subsection (1) (a) to (d).

    influential owner means a person who, whether directly or through intermediary corporate ownership or nominees—

    (a)is able to control 5% of the votes at an annual general meeting of the corporation; or

    (b)is able to control the appointment of a director of the corporation.

    related corporation means a related body corporate under the Corporations Act.

    senior manager means a person who has substantial responsibility in the management of the corporation.

    3EOffences against Act—application of Criminal Code etc

    Other legislation applies in relation to offences against this Act.

    Note 1Criminal Code

    The Criminal Code, ch 2 applies to offences against s 68 (Exclusion of children) (see Code, pt 2.1).

    The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

    Note 2Penalty units

    The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

    Part 2Administration

    Division 2.1               Casino

    1. Designation of casino

      The regulations may designate an area to be the casino for this Act.

    2. Lawfulness of casino operation

      (1)Notwithstanding any other Territory law but subject to this Act, it is lawful—

      (a)for the casino licensee or a casino employee to conduct an authorised game in the casino; or

      (b)for a person to play an authorised game in the casino; or

      (c)for a person to use gaming equipment or chips in the conduct and playing of an authorised game in the casino.

      (2)The casino shall not be taken to be a public or private nuisance only because that it is used as a gaming house.

      (3)This section does not operate to enable an action to be brought in a court to recover—

      (a)money won in the course of gaming in the casino; or

      (b)money, or a cheque or other instrument, given in payment of money so won; or

      (c)money wagered in the course of gaming in the casino, being money that was lent in the knowledge that it was to be applied in that way;

      unless the money was won from, or wagered with, the casino licensee.

    3. Application of Liquor Act

      Except as otherwise provided by this Act, the Liquor Act 1975 applies in relation to the casino.

    Division 2.2               Inspectors

    1. Chief casino inspector

      (1)For this Act, there shall be a chief casino inspector.

      (2)The Minister shall, in writing, appoint a person to be the chief casino inspector.

      (3)A person is not eligible for appointment under this section unless the person is a public servant.

    2. Functions of chief casino inspector

      (1)The functions of the chief casino inspector are—

      (a)to ensure the proper and efficient exercise of the function of the commission in supervising the operation of the casino; and

      (b)to direct the activities of other inspectors; and

      (c)to give advice to the commission with respect to any matters relating to the functions of the commission that the commission directs; and

      (d)to assist the commission in the exercise of any of its functions that the commission directs.

      (2)In addition to the functions of the chief casino inspector under subsection (1), the chief casino inspector has any other functions given to him or her—

      (a)under any other provision of this Act; and

      (b)by the commission.

    3. Chief casino inspector—powers

      The chief casino inspector has the power to do all things necessary or convenient to be done for or in connection with the exercise of his or her functions.

    4. Inspectors

      (1)There shall be 1 or more inspectors for this Act.

      (2)The chief executive shall create and maintain 1 or more offices in the public service the duties of which include exercising the functions of an inspector.

      (3)The following persons shall be inspectors:

      (a)any public servant for the time being performing the duties of a public service office of inspector referred to in subsection (2);

      (b)the chief casino inspector.

    5. Identity card for chief casino inspector

      The identity card issued for the chief casino inspector under the Gambling and Racing Control Act 1999 must indicate that the holder is the chief casino inspector.

    6. Rights of inspector on casino premises

      (1)An inspector may at any time enter and remain on the premises of the casino for the purposes of—

      (a)viewing gaming; and

      (b)observing any of the operations of the casino; and

      (c)ascertaining whether the operation of the casino is being properly conducted, supervised and managed; and

      (d)ascertaining whether the provisions of this Act are being complied with; and

      (e)in any other respect, exercising his or her functions.

      (2)An inspector who enters the casino under subsection (1) is not authorised to remain in the casino if, on the request of a casino employee, the inspector does not show his or her identity card to the employee.

    7. Powers of inspectors

      (1)An inspector may—

      (a)require a person whom the inspector believes, on reasonable grounds, has in the person’s possession or under the person’s control any gaming equipment or chips—

      (i)to produce the equipment or chips to the inspector for inspection or testing; or

      (ii)to attend before the inspector at a reasonable time and place specified by the inspector and there to answer the questions, or to supply the information, relating to the equipment or chips that the inspector specifies; and

      (b)require an interested person—

      (i)to produce to the inspector for inspection the records in the custody or control of the person relating to the casino or the operation of the casino that the inspector specifies; or

      (ii)to attend before the inspector at a reasonable time and place specified by the inspector and there to answer the questions, to supply the information, or to produce the records, relating to the casino or the operation of the casino, that the inspector specifies; and

      (c)inspect or test any gaming equipment or chips or inspect the records, and take copies of, or make notes in relation to, the records, relating to the casino or the operation of the casino, that the inspector considers necessary; and

      (d)direct the casino licensee not to use any gaming equipment or chips that the inspector considers to be unsatisfactory for use; and

      (e)receive and, if the inspector thinks fit, investigate a complaint with respect to any aspect of the operation of the casino and advise the complainant of the results of any investigation; and

      (f)call to the inspector’s assistance—

      (i)another inspector; or

      (ii)a casino employee who, in the belief of the inspector, is competent to assist the inspector in the exercise of his or her functions.

      (2)A requirement under subsection (1) (a) or (b) or a direction under subsection (1) (d) may be made to a person—

      (a)by written notice; or

      (b)if the inspector is satisfied that special circumstances make it appropriate—orally.

      (3)In this section:

      interested person means—

      (a)the casino lessee; or

      (b)the casino licensee; or

      (c)an owner; or

      (d)a casino employee; or

      (e)any other person associated with the management or operation of the casino.

    Division 2.3               Financial

    1. Casino licence fee

      (1)The Minister may, in writing, determine a casino licence fee for this Act.

      (2)The casino licence fee is payable to the commission by the casino licensee at the times and in the way that is specified in the relevant determination under subsection (1).

      (3)Determinations under subsection (1) shall not be made at intervals of less than 12 months.

      (4)A daily penalty at the rate of 20% per annum is payable by the casino licensee on any principal amount of the casino licence fee that remains unpaid after the 14th day after the relevant time for payment of the fee.

      (5)The daily penalty payable under subsection (4) compounds at


      3-monthly intervals.

      (6)The commission may, for any reason the commission thinks fit, remit any part, or the whole, of the daily penalty payable under this section.

      (7)The casino licence fee and daily penalty payable under this section are debts due to the commission and may be recovered by action in any court of competent jurisdiction.

      (8)A determination under subsection (1) is a notifiable instrument.

      Note A notifiable instrument must be notified under the Legislation Act 2001.

    2. General tax

      (1)General tax is payable in respect of the noncommission-based profit derived by the casino licensee each month in connection with the operation of the casino.

      (2)The Minister may, in writing, determine the rate at which general tax is payable.

      (3)General tax is payable to the Territory by the casino licensee at the times and in the way that is specified in the relevant determination under subsection (2).

      (4)A determination under subsection (2) is a notifiable instrument.

      Note A notifiable instrument must be notified under the Legislation Act 2001.

      (5)In this section:

      chips

      does not include chips supplied by the casino for


      commission-based gaming.

      noncommission-based gaming means gaming other than commission-based gaming.

      noncommission-based profit, in relation to a month, means an amount ascertained by deducting from the total amount received by the casino licensee in that month from noncommission-based gaming in the casino the amount paid out during that month as winnings in respect of that gaming, and then—

      (a)if the value of unredeemed chips at the end of that month is greater than the value of unredeemed chips at the beginning of that month—adding to the amount so ascertained the difference between those values; or

      (b)if the value of unredeemed chips at the end of that month is less than the value of unredeemed chips at the beginning of that month—deducting from the amount so ascertained the difference between those values.

    16ACommission-based player tax

    (1)Commission-based player tax is payable in respect of the completed commission-based profit derived by the casino licensee each month in connection with the operation of the casino.

    (2)The Minister may, in writing, determine the rate at which commission-based player tax is payable.

    (3)Commission-based player tax is payable to the Territory by the casino licensee at the times and in the way that is specified in the relevant determination under subsection (2).

    (4)A determination under subsection (2) is a notifiable instrument.

    Note A notifiable instrument must be notified under the Legislation Act 2001.

    (5)In this section:

    commission-based player chips means chips supplied by the casino licensee for commission-based gaming.

    completed commission-based player scheme, in relation to a month, means a commission-based player scheme in relation to which commission-based gaming is completed during that month, irrespective of whether the commission-based gaming commenced in that month or previously.

    completed commission-based profit, in relation to a month, means the total profit derived during that month from completed commission-based player schemes irrespective of whether the profit relates to gaming occurring in that month or previously.

    profit, in relation to a commission-based player scheme, means an amount ascertained by deducting from the amount received by the casino licensee from commission-based gaming in the casino under the scheme the amount paid out to persons participating in the scheme as winnings in respect of that gaming, and then—

    (a)if the value of unredeemed commission-based player chips held by the participants in the scheme after its completion is greater than the value of unredeemed commission-based player chips (being chips originally purchased for the purposes of a previous scheme) used in the course of commission-based gaming in relation to the scheme—adding to the amount so ascertained the difference between those values; or

    (b)if the value of unredeemed commission-based player chips held by the participants in the scheme after its completion is less than the value of unredeemed commission-based player chips (being chips originally purchased for the purposes of a previous scheme) used in the course of commission-based gaming in relation to the scheme—deducting from the amount so ascertained the difference between those values.

    1. Liability for fee and taxes—suspension of licence

      The liability of the casino licensee to pay the casino licence fee, general tax or commission-based player tax is not affected by a suspension of the casino licence and—

      (a)that fee continues to be payable by the casino licensee to the commission; and

      (b)general tax and commission-based player tax continues to be payable by the casino licensee to the commission;

      in respect of any period of suspension of the licence.

    Part 4Control agreement

    1. Owner of casino

      (1)An owner of the casino must not sell or otherwise dispose of the owner’s share of the lease, or a part of that share, except to a person approved in writing by the Minister.

      Maximum penalty:  50 penalty units.

      (2)The Minister must not approve a person for subsection (1) unless satisfied, on advice from the commission, that—

      (a)each influential person in relation to the person has been identified; and

      (b)the person and each influential person is respectable; and

      (c)on the transfer of ownership, the person will become a party to a control agreement.

    2. Commission must make control agreement

      (1)The Minister must ensure that there is a control agreement in place at all times between the Minister and the owner of the casino.

      (2)The terms of the control agreement may be varied by agreement between the Minister and the owner of the casino.

      (3)The Minister must not enter a control agreement, or a variation of a control agreement, unless satisfied, on the advice of the commission, that it is appropriate.

      (4)If a control agreement is entered into or varied, the Minister must prepare a written notice of the making or variation of the agreement.

      (5)The notice is a notifiable instrument.

      NoteA notifiable instrument must be notified under the Legislation Act 2001.

    3. Control agreement

      In this Act:

      control agreement means an agreement between the Minister and the owner of the casino that deals with—

      (a)the nomination of the casino licensee; and

      (b)leasing the casino to another person; and

      (c)the control and operation of the casino; and

      (d)the other matters the Minister considers necessary or desirable.

    Part 5Casino licence

    1. Grant of casino licence

      (1)The Minister may grant a single licence under this section (the casino licence).

      (2)The Minister must not grant the licence to a person unless—

      (a)the person is a corporation that has been nominated by—

      (i)if there is a casino lease—the casino lessee; or

      (ii)otherwise—the owner; and

      (b)the Minister is satisfied, on the advice of the commission, that the person is suitable to be the casino licensee.

      (3)In granting a casino licence to a person, the commission shall have regard to any recommendations made by the commission about the suitability of the person.

      (4)A casino licence—

      (a)shall specify—

      (i)the date of its issue; and

      (ii)the date of its expiration; and

      (iii)the name of the licensee; and

      (iv)an address in the ACT specified by the licensee for the service of documents on the licensee; and

      (v)the address of the casino; and

      (vi)any other particulars relating to the casino the Minister considers necessary; and

      (vii)any other particulars that are prescribed; and

      (b)shall identify the area designated by the Minister under section 4 to be the casino.

      (5)If the Minister makes a decision refusing to grant a casino licence, the Minister shall give to any casino lessee and the owner of the casino written notice—

      (a)of the decision; and

      (b)unless the decision is a security related decision, of the grounds for the decision.

    45ACasino licensee must comply with code of practice

    The casino licensee must comply with the relevant code of practice (if any) prescribed under the Gambling and Racing Control Act 1999.

    1. Duration of casino licence

      A casino licence remains in force until the end of the date specified in the licence as the date of expiration of the licence—

      (a)unless it is sooner surrendered or cancelled; and

      (b)except while it is suspended;

      under this Act.

    2. Surrender of casino licence

      (1)A casino licensee may surrender the casino licence at any time.

      (2)The casino licensee shall not surrender the casino licence if there is an amount payable by the licensee to the Territory or commission under section 15, 16 or 16A.

      (3)If the casino licensee ceases to be responsible for the operation of the casino, otherwise than because the licensee has assigned the casino licence under section 50, the casino licence shall be deemed to have been surrendered.

    3. Commission may take disciplinary action against casino licensee

      (1)If the commission is satisfied that grounds for disciplinary action exist, the commission may take any of the following disciplinary actions that it thinks appropriate against the casino licensee:

      (a)issue a censure;

      (b)impose conditions on, or vary the conditions of, the licence;

      (c)impose a monetary penalty not exceeding $1  000  000;

      (d)suspend the casino licence for a specified period or until a specified condition is fulfilled;

      (e)suspend the casino licence indefinitely;

      (f)cancel the casino licence.

      (2)In this Act:

      censure means a notice to the casino licensee that sets out grounds of disciplinary action against the casino licensee.

      (3)A censure may include a direction that requires the casino licensee—

      (a)to cease contravening a provision of this Act or condition of the licence; or

      (b)to rectify a matter that contributes to the grounds of disciplinary action;

      within a specified time.

      (4)A casino licence has no effect for section 5 while it is suspended, but the suspension does not affect the operation of the licence for any other purpose.

      (5)A monetary penalty imposed under this section may be recovered as a debt due to the Territory.

    48AMinister may suspend or cancel the casino licence in public interest

    Despite any other provision of this Act, the Minister may, if satisfied that it is in the public interest to do so—

    (a)suspend the casino licence for such period as the Minister thinks appropriate; or

    (b)cancel the casino licence.

    48BGrounds for disciplinary action

    For this Act, grounds for disciplinary action exist if—

    (a)information given to the commission by the casino licensee at any time was false, incomplete or otherwise misleading; or

    (b)any of the following contravenes a provision of this Act or a condition of the licence:

    (i)the casino licensee;

    (ii)a person in charge of the casino;

    (iii)an agent or employee of the casino licensee; or

    (c)the casino licensee contravenes a requirement by the Treasurer of the Commonwealth in relation to a matter of foreign investment; or

    (d)the casino premises are no longer suitable for the conduct of casino operations; or

    (e)the casino licensee is not, or ceases to be, a suitable person to be the licensee; or

    (f)an owner of the casino is not, or ceases to be, a suitable person to be the owner; or

    (g)the casino lessee is not, or ceases to be, a suitable person to be the lessee; or

    (h)the casino licensee fails to meet the licensee’s financial commitments when they become due and payable; or

    (i)proceedings to wind up the casino licensee are instituted.

    1. Procedure for disciplinary action or Ministerial action

      (1)Subject to this section—

      (a)the commission must not take disciplinary action against the casino licensee; and

      (b)the Minister must not take action against the casino licensee under section 48A;

      unless the commission has given each interested person—

      (c)21 days notice that the action is contemplated, and the grounds for it; and

      (d)a reasonable opportunity to show cause why the proposed action should not be taken.

      (2)If a direction given in a censure is not complied with in the specified time, the commission may take further disciplinary action without complying with subsection (1).

      (3)A member of the commission who has participated in a decision to issue a censure is not prevented by that reason alone from participating in a decision on whether further disciplinary action should be taken under subsection (2).

      (4)The commission may reduce the severity of a disciplinary action, and the Minister may reduce a period of suspension under section 48A.

      (5)A disciplinary action or an action under subsection (4) or section 48A takes effect when written notice of the action is received by the casino licensee, or on a later date specified in the notice.

      (6)The commission must send copies of a notice for subsection (5) to each interested person.

      (7)In this section:

      interested person means—

      (a)the casino lessee; and

      (b)an owner of the casino; and

      (c)the casino licensee.

    2. Assignment of casino licence

      (1)The casino licensee may, with the written approval of the Minister and the owner of the casino, assign the casino licence to another person.

      (2)The Minister must not approve an assignment of the casino licence to a person that could not be granted the licence under section 45.

      (3)An application for approval under subsection (1)—

      (a)shall be made by the casino licensee; and

      (b)shall be in writing; and

      (c)shall be signed by the casino licensee; and

      (d)shall be supported by such further particulars relating to the proposed assignment as the Minister, by written notice given to the casino licensee, has required to be supplied within a reasonable period specified in the notice.

      Note If a form is approved under the Gambling and Racing Control Act 1999, s 53D (Approved forms) for an application, the form must be used.

    3. Appointment of administrator

      (1)If a casino licence is suspended or cancelled under this part, the Minister may, if he or she is satisfied that it is in the public interest to do so, in writing, appoint an administrator for this section.

      (2)In appointing a person to be an administrator for this section, the commission shall have regard to any recommendations made by the commission about the suitability of the person.

      (3)An administrator shall be appointed on the terms and conditions the Minister thinks fit.

      (4)The appointment of an administrator—

      (a)may be terminated at any time by the Minister; and

      (b)shall be determined by an assignment of the casino licence under section 50.

      (5)An administrator shall—

      (a)assume full control of and responsibility for the business of the casino licensee in respect of the casino; and

      (b)conduct or cause to be conducted casino operations in accordance with this Act.

    Part 6Operational arrangements

    1. Lease of casino

      (1)The owner may, with the written approval of the Minister, lease the casino to a corporation.

      (2)The Minister must not approve a casino lease unless satisfied, taking account of the advice of the commission, that the proposed lessee is suitable to be the lessee.

      (3)An application for approval under subsection (1) shall be made by the owner and shall be accompanied by—

      (a)a draft of the proposed lease; and

      (b)particulars of the financial standing, relevant managerial experience and business reputation of the proposed lessee.

      Note If a form is approved under the Gambling and Racing Control Act 1999, s 53D (Approved forms) for an application, the form must be used.

      (4)The Minister may, by written notice, require the applicant to supply the further particulars or documents, or to answer the questions, relating to the proposed lease that are specified in the notice.

      (5)If the Minister makes a decision refusing to approve a lease of the casino, the Minister shall give to the applicant and the proposed lessee written notice—

      (a)of the decision; and

      (b)unless the decision is a security related decision, of the grounds for the decision.

    2. Casino operation agreement

      (1)The owner or casino lessee may, with the written approval of the Minister, enter into an agreement with the casino licensee for the licensee to operate the casino.

      (2)An application for approval must be—

      (a)made in writing by the proposed parties to the agreement; and

      (b)accompanied by a draft of the proposed agreement.

      Note If a form is approved under the Gambling and Racing Control Act 1999, s 53D (Approved forms) for an application, the form must be used.

      (3)The Minister may, by written notice, require the applicants to supply the further particulars or documents, or to answer the questions, relating to the proposed agreement that are specified in the notice.

      (4)If the Minister refuses to approve a proposed casino operation agreement, the Minister shall, by written notice, inform the applicants of the refusal and of the grounds for the refusal.

    3. Variation of lease or agreement

      (1)The parties to a casino lease or casino operation agreement may, with the written approval of the Minister, vary the lease or agreement.

      (2)In considering whether to approve a variation under subsection (1), the Minister shall have regard to the likely effect of the variation on the control and operation of the casino.

      (3)The Minister may, by written notice, require a party to a proposed variation to supply the particulars or documents, or to answer the questions, relating to the proposed variation that are specified in the notice.

      (4)If the Minister makes a decision refusing to approve a variation of a casino lease or casino operation agreement, the Minister shall give to the parties to the lease or agreement written notice—

      (a)of the decision; and

      (b)unless the decision is a security related decision, of the grounds for the decision.

    4. Scrutiny of supply contracts

      (1)A person shall not, except with the approval of the commission, enter into a supply contract involving the payment or receipt by a party to the contract of an amount exceeding the amount the commission, in writing, determines for this section.

      (2)A determination is a notifiable instrument.

      Note A notifiable instrument must be notified under the Legislation Act 2001.

      (3)If the commission considers that it is not in the public interest for a supply contract to remain in force, the commission shall give to each person who is a party to the contract a written notice requesting the person, within 14 days after the receipt by the person of the notice, to show cause why the contract should not be terminated.

      (4)A notice given to a person under subsection (2)—

      (a)shall specify the reasons why it is considered that it is not in the public interest for the contract to remain in force; and

      (b)may require that any submissions to be made by the person in response to the notice be made orally or in writing.

      (5)The commission shall not give or refuse to give an approval under subsection (1) unless it has first inquired into—

      (a)the suitability of each person who intends to be a party to the proposed supply contract; and

      (b)the operation of that contract.

      (6)The commission shall not give a notice under subsection (2) unless it has first inquired into—

      (a)the suitability of each person who is a party to the supply contract; and

      (b)the operation of that contract.

    5. Termination of supply contracts

      (1)If submissions made in accordance with a notice given under section 55 (3) are satisfactory to show cause why the contract to which the notice relates should not be terminated, the commission shall take no further action in relation to the matter.

      (2)If, in relation to a notice given under section 55 (3) in respect of a supply contract—

      (a)no submissions are made in accordance with the notice; or

      (b)submissions made in accordance with the notice are not satisfactory to show cause why the contract should not be terminated;

      the commission shall, by written notice given to each person who is a party to the contract, terminate the contract from the date specified in the notice.

    6. Effect of termination

      If a supply contract is terminated under section 56—

      (a)the termination does not affect a right acquired, or a liability incurred, before that termination by a person who was a party to the contract; and

      (b)no liability for breach of the contract is incurred by a person who was a party to the contract only because of that termination; and

      (c)neither the Territory nor the commission incurs any liability because of that termination.

    Part 7Operation of casino

    Division 7.1               Facilities and operations

    57ADirections about operations

    (1)The commission may give written directions in writing to the casino licensee, not inconsistent with this Act, about how the licensee is to conduct any operation of the casino, and the casino licensee must comply with the  directions.

    (2)This division does not limit the directions that the commission may give under this section.

    1. Maintenance of facilities

      The casino licensee must, to the satisfaction of the commission—

      (a)maintain the facilities and amenities of the casino for the benefit of the patrons; and

      (b)maintain in good order and regularly test all security and surveillance equipment relating to the casino; and

      (c)maintain the gaming equipment and chips of the casino in good order and condition.

    2. Approval of layout

      (1)The casino licensee must not operate the casino except—

      (a)when the layout of the casino is in accordance with plans and diagrams approved by the commission; and

      (b)in accordance with any conditions set by the commission for the layout used.

      Maximum penalty:  50 penalty units.

      (2)The casino licensee must submit, for the approval of the commission—

      (a)plans and diagrams of the layout of the casino; and

      (b)if it is proposed to vary the layout of the casino—plans and diagrams of the proposed variation.

      (3)The commission may require the casino licensee to supply further particulars or documents, or to answer written questions about the plans and diagrams submitted to the commission.

      (4)The commission must not approve plans and diagrams under this section unless they show a layout of the casino that complies with the regulations.

      (5)The commission may approve plans and diagrams that provide for alternative layouts, and may set conditions for use of a layout.

    3. Approval of gaming equipment and chips

      The commission may approve gaming equipment and chips for use in the casino.

    60AApproved system of controls and procedures must be implemented

    (1)The casino licensee must not conduct operations in the casino unless the commission has approved in writing a system of internal controls and administrative and accounting procedures for the casino (the approved system).

    Maximum penalty:  50 penalty units.

    (2)The commission may amend the approved system as the commission thinks appropriate.

    (3)The approved system or an amendment of it takes effect when notice of it is given in writing to the casino licensee, or on a later date specified in the notice.

    (4)The casino licensee must ensure that the approved system is implemented.

    Maximum penalty:  50 penalty units.

    60BContent of approved system

    The approved system may include (but is not limited to) details of the following:

    (a)accounting procedures, including the standardisation of forms and the definition of terms, to be used in operations in the casino;

    (b)procedures, forms and formulas relating to—

    (i)hold percentages; or

    (ii)revenue drop; or

    (iii)complementary services;

    (c)job descriptions and the system of organising personnel and the chain of command so as to ensure that—

    (i)responsibility is not concentrated in a small number of positions; and

    (ii)no person has exclusive responsibility for an area without supervision or scrutiny by another person; and

    (iii)areas of responsibility are small enough for the individuals responsible to exercise effective supervision;

    (d)procedures for conducting authorised games;

    (e)procedures for receiving, storing and disbursing chips and cash, cashing cheques, redeeming chips and recording all transactions;

    (f)procedures for collecting and ensuring the security of money at the gaming tables and other places in the casino where authorised games are conducted;

    (g)procedures and forms for transferring or moving money within the casino;

    (h)procedures and forms for transferring or moving chips within the casino;

    (i)procedures and security for counting and recording revenue;

    (j)procedures and security for transferring money between the casino and a bank;

    (k)procedures for storing, recording and ensuring the security of chips;

    (l)procedures and standards for maintaining, storing and ensuring the security of gaming and betting equipment;

    (m)procedures for paying and recording winnings that are paid by cash or cheque;

    (n)procedures for issuing chip purchase vouchers and recording the transactions;

    (o)procedures for cashing cheques and recording transactions by cheque;

    (p)procedures for establishing and using deposit accounts;

    (q)procedures for using and maintaining security and surveillance facilities, including closed-circuit television systems;

    (r)procedures for regularly testing security and surveillance equipment;

    (s)procedures for regularly testing—

    (i)the effectiveness of the procedures of the approved system; and

    (ii)how well the procedures are being implemented;

    (t)procedures governing the utilisation of security personnel within the casino;

    (u)procedures to control keys used or for use in operations in the casino.

    Division 7.2               Operating times

    1. Application of Holidays Act

      The Holidays Act 1958 does not limit the days when the casino may be operated.

    2. Casino must operate only at approved times

      The casino licensee must not operate the casino except in accordance with the approved schedule of opening times.

      Maximum penalty:  50 penalty units.

    3. Approved schedule of opening times

      (1)The commission must give the casino a schedule of the hours and days when the casino, or specified parts of the casino, may open (the approved schedule).

      (2)The commission may vary or replace the approved schedule at any time.

      (3)The approved schedule may—

      (a)specify conditions for opening the casino, or a part of the casino, at specified times; or

      (b)require the casino, or a part of the casino, to be open at specified times.

      (4)The commission must take into account any requests of the casino licensee in deciding on the approved schedule.

    Division 7.3               Exclusion of persons from casino

    1. Excluded persons

      In this Act:

      excluded person means—

      (a)a person excluded from entering or remaining in the casino under section 69 or 70A; or

      (b)a person—

      (i)whom the casino licensee or the person for the time being in charge of the casino reasonably believes to be a person mentioned in paragraph (a); and

      (ii)who has been notified of that belief orally or in writing.

    2. No general right of entry to casino

      (1)Subject to this division, a person may enter or remain in the casino only by the licence of the casino licensee.

      (2)The regulations may prescribe conditions for members of the public to enter or remain in the casino.

    3. Entry of inspectors

      An inspector may enter and remain in any part of the casino to exercise functions under this Act.

    4. Entry of police

      (1)For the purpose of the discharge of the duty of a police officer, any part of the casino to which the public has access is taken to be a public place.

      (2)The commission or an inspector may authorise a police officer to enter any part of the casino to which the public does not have access and remain there for the purpose of discharging his or her duty as a police officer.

      (3)An authorisation that applies on a particular occasion may be given orally.

      (4)An authorisation given in writing may apply on a particular occasion or for a specified period.

      (5)This section does not affect any power a police officer has by law to enter any part of the casino.

    5. Exclusion of children

      (1)The casino licensee must not permit a child to enter or remain in any part of the casino.

      Maximum penalty:  50 penalty units.

      NoteChild means a person who is under 18 years old (see Legislation Act, dict, pt 1).

      (2)A child must not enter or remain in any part of the casino.

      Maximum penalty:  5 penalty units.

      (3)It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that the child—

      (a)was at least 16 years old; and

      (b)had shown a prescribed identity document.

      (4)Subsections (1) and (2) do not apply in relation to a child if—

      (a)the child enters a part of the casino other than a gaming area; and

      (b)the child is with an adult who is the child’s domestic partner or parent.

      NoteFor the meaning of domestic partner, see Legislation Act, s 169.

      (5)Subsections (1) and (2) do not apply in relation to a child who is a casino employee.

      (6)A person must not use someone else’s identification, or a form of identification that is forged, to enter or remain in a gaming area.

      Maximum penalty:  10 penalty units.

      (7)An offence against this section is a strict liability offence.

      (8)In this section:

      gaming area means any part of the casino—

      (a)where gaming takes place; or

      (b)from where it is possible to see gaming take place.

    6. Casino licensee may notify persons of exclusion

      (1)The casino licensee or the person for the time being in charge of the casino may notify a person orally or in writing that the person is excluded under this section from entering or remaining in the casino for the period specified.

      (2)The period specified in an oral notice must not be more than 14 days.

      (3)A written notice must—

      (a)refer to this section; and

      (b)state briefly the reasons why the person is excluded; and

      (c)state that an appeal against the exclusion may be made to the commission.

      (4)A person who is notified orally may require the notice to be put in writing, and may stay in the casino while this is done.

      (5)A person may appeal to the commission against being excluded under this section from entering or remaining in the casino.

      Note If a form is approved under the Gambling and Racing Control Act 1999, s 53D (Approved forms) for an appeal, the form must be used.

      (6)On receiving an appeal, the commission may, after considering submissions from the person and the casino licensee, confirm, modify or rescind the  exclusion.

    1. Casino licensee must notify certain persons of exclusion

      The casino licensee must use its power under section 69 to exclude a person for at least 24 hours if the person is in the casino and—

      (a)appears not to understand fully the nature or consequences of gaming as it relates to the application of the approved rules of authorised games and the potential for financial loss; or

      (b)appears to be under the influence of alcohol or a drug to the extent that the person could not reasonably be expected to exercise rational judgment while playing an authorised game; or

      (c)appears to be under the influence of alcohol or a drug to the extent that the person is affecting the orderly functioning of the operations of the casino; or

      (d)appears to be cheating, or attempting to cheat, in the casino.

    70ANotification of exclusion by commissioner of police or commission          

    (1)The commissioner of police or the commission may, by written notice to the casino licensee, exclude a specified person (the subject) from entering or remaining in the casino indefinitely or for the period specified.

    (2)The person who gives or revokes a notice under subsection (1) must make reasonable efforts to inform the subject of the effect of the notice or revocation.

    (3)The person who gives a notice under subsection (1)—

    (a)must make available to the casino licensee a recent photograph of the subject; or

    (b)if it is not practicable to comply with paragraph (a)—must provide the casino licensee with a description of the subject that is sufficient to enable the casino licensee to identify the person readily.

    70BRequests for exclusion

    (1)This section applies if a person wishes to apply to the commission to exclude, under section 70A—

    (a)the applicant; or

    (b)another person (the affected person);

    from entering or remaining in the casino.

    (2)The applicant  may apply, in writing, to the commission for the exclusion.

    Note 1 A fee may be determined under s 132 (Determination of fees) for an application.

    Note 2 If a form is approved under the Gambling and Racing Control Act 1999, s 53D (Approved forms) for an application, the form must be used.

    (3)The commission may, on application by the applicant, waive any fee payable to the commission in relation to the application.

    (4)If the application relates to an affected person, the commission must not take account of the application unless—

    (a)the commission is satisfied that the applicant has a sufficiently close relationship to the affected person to make the request; and

    (b)the affected person has been given an opportunity to object to the notice; and

    (c)the commission is satisfied that it would be in the best interests of the affected person to issue the notice.

    (5)If the commission excludes a person because of an application under this section, the notice to the casino licensee must state that reason.

    (6)This section does not affect the power of the commission to exclude a person under section 70A without an application under this section or on other grounds than an application under this section.

    70CRequests for revocation of exclusion

    (1)This section applies if an excluded person who was excluded by the commission by a notice under section 70A wishes to apply for the commission to revoke the notice.

    (2)The person may apply in writing to the commission for revocation of the notice.

    Note 1 A fee may be determined under s 132 (Determination of fees) for this subsection.

    Note 2 If a form is approved under the Gambling and Racing Control Act 1999, s 53D (Approved forms) for an application, the form must be used.

    (3)The commission may, on application by the applicant, waive any fee payable to the commission in relation to the application.

    70DCasino licensee must exclude excluded persons          

    (1)The casino licensee must not, without reasonable excuse, permit an excluded person to enter or remain in the casino.

    Maximum penalty:  50 penalty units.

    (2)It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that the defendant believed on reasonable grounds that the person who entered or remained in the casino was not the excluded person.

    70EExcluded person must not enter casino          

    An excluded person must not enter or remain in the casino.

    Maximum penalty:  20 penalty units.

    70FEnforcement          

    (1)A person who is—

    (a)a police officer; or

    (b)an agent or employee of the casino licensee;

    may, with the assistance that is necessary and reasonable and using the force that is necessary and reasonable—

    (c)prevent an excluded person from entering the casino; or

    (d)remove an excluded person promptly from the casino.

    (2)A person must not, without reasonable excuse, obstruct or hinder a person who is exercising the power given by subsection (1).

    Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

    70GRecord of persons excluded from casino          

    (1)The casino licensee must maintain a current record of persons excluded from the casino under section 69 or 70A.

    Maximum penalty:  50 penalty units.

    (2)The record must show which of the following applies to each person:

    (a)the person was excluded under section 69 because section 70 applied to the person;

    (b)the person was excluded  under section 69, but section 70 did not apply to the person;

    (c)the person was excluded by the commissioner of police under section 70A;

    (d)the person was excluded by the commission under section 70A because of an application under section 70B;

    (e)the person was excluded by the commission under section 70A, but not because of an application under section 70B.

    (3)The record must show for each person the time for which the person is excluded.

    (4)The casino licensee must inform the commission whenever the record changes, and must supply a copy to the commission on request.

    Maximum penalty:  50 penalty units.

    Division 7.4               Gaming and related activities

    1. Authorised games

      (1)The commission may, in writing, declare a game to be an authorised game for this Act.

      (2)A declaration is a notifiable instrument.

      Note A notifiable instrument must be notified under the Legislation Act 2001.

      (3)If the commission declares a game to be an authorised game, the commission —

      (a)shall, as soon as practicable, notify, in writing, the casino licensee of the declaration; and

      (b)may, at any time, by written notice given to the casino licensee, specify, in regard to the playing of that game, any restriction or condition that the commission thinks fit.

      (4)A request by the casino licensee for the commission to make a declaration under this section must be accompanied by the determined fee.

    2. Rules for authorised games

      (1)If the commission declares a game to be an authorised game under section 71, the commission shall, in writing, approve the rules under which that game is to be played.

      (2)Rules approved under subsection (1) for a game are a notifiable instrument. 

      Note A notifiable instrument must be notified under the Legislation Act 2001.

      (3)If the commission approves the rules of a game under subsection (1), those rules shall, subject to subsection (4), be taken to be the approved rules of the game for this Act.

      (4)The commission shall, as soon as practicable, notify, in writing, the casino licensee of—

      (a)the rules approved by the commission under which an authorised game is to be played; and

      (b)any alteration of the approved rules of an authorised game.

      (5)The casino licensee must ensure that printed copies of the approved rules of each authorised game conducted in the casino are available to patrons without charge at a place near the entrance to the casino.

      (6)The casino licensee may, in writing, ask the commission to amend under this section the approved rules of a game.

      Note  A fee may be determined under s 132 (Determination of fees) for this subsection.

    3. Gaming equipment and chips

      (1)A person, other than a person authorised by the commission, shall not, except while in the casino, have in his or her possession any gaming equipment or chips approved by the commission for use in the casino.

      (2)A person shall not exhibit or possess gaming equipment or chips in the casino other than gaming equipment or chips approved by the commission for use in the casino.

      Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

    4. Conduct of gaming

      The casino licensee—

      (a)shall cause all playing cards dealt in the course of gaming in the casino to be dealt from a card shoe; and

      (b)shall not issue, or cause or permit to be issued, any chips for gaming in the casino unless the chips are paid for—

      (i)in money to the face value of the chips; or

      (ii)by chip purchase vouchers issued in accordance with the regulations; and

      (c)shall not conduct an authorised game, or permit an authorised game to be conducted, in the casino otherwise than in accordance with—

      (i)the approved rules for that game; and

      (ii)any restriction or condition specified in a notice under section 71 (3) in relation to that game; and

      (d)shall not, in relation to the playing of an authorised game, permit wagers to be placed in the casino otherwise than by means of chips unless the approved rules of the game require, or provide for, the placing of wagers in money; and

      (e)shall cause all wagers won in the course of playing an authorised game in the casino to be paid for in full without deduction of any commission or levy other than a commission or levy provided for in the approved rules of that game; and

      (f)shall, during the times the casino is open to the public for gaming, at the request of a patron of the casino, cause—

      (i)chip purchase vouchers to be exchanged for chips; or

      (ii)chips to be exchanged for other chips; or

      (iii)chips or chip purchase vouchers to be redeemed for money of a value equivalent to the face value of the chips or chip purchase vouchers; and

      (g)shall not require any deposit, charge, commission or levy (whether directly or indirectly and whether or not it is claimed to be refundable) to be paid by a person for the person to enter the casino or, except as may be provided by the approved rules of a game, to take part in gaming in the casino.

      Maximum penalty:  50 penalty units.

    5. Gaming by certain persons prohibited

      (1)An authorised person shall not play a game in the casino except to the extent that it may be necessary to do so—

      (a)in the exercise of his or her functions under this Act; or

      (b)in the course of his or her employment; or

      (c)in the exercise in relation to this Act of a function on behalf of the Territory or commission.

      Maximum penalty:  20 penalty units.

      (2)A casino employee shall not solicit or accept any gratuity, consideration or other benefit from a patron in the casino.

      Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

      (3)Subsection (2) does not apply to a casino employee who, in the ordinary course of his or her work in relation to the operation of the casino, provides food or beverages to patrons of the casino.

      (4)The casino licensee shall not knowingly permit a person under the age of 18 years to play any game in the casino.

      Maximum penalty:  20 penalty units.

      (5)A person under the age of 18 years who plays a game in the casino commits an offence.

      Maximum penalty:  10 penalty units.

    6. Gaming machines

      A person shall not install, use or permit the installation or use of a gaming machine in the casino.

      Maximum penalty:  50 penalty units.

    7. Cheating

      (1)A person shall not, in the casino, dishonestly—

      (a)by trick, device, sleight of hand or representation; or

      (b)by a scheme or practice; or

      (c)by the use of gaming equipment; or

      (d)by the use of an instrument or article of a type used in connection with gaming, or appearing to be of a type used in connection with gaming, or of any other thing;

      obtain for himself or herself or another person, or induce a person to deliver, give or credit to him or her or another person, any money, chips, benefit, advantage, valuable consideration or security.

      Maximum penalty:  500 penalty units, imprisonment for 5 years or both.

      (2)A person shall not use, or have in his or her possession, in the casino—

      (a)chips that the person knows are bogus or counterfeit chips; or

      (b)cards, dice or coins that the person knows have been marked, loaded or tampered with; or

      (c)for the purposes of cheating or stealing, any equipment, device or thing that permits or facilitates cheating or stealing.

      Maximum penalty:  200 penalty units, imprisonment for 2 years or both.

      (3)Subsection (2) (a) and (b) does not prohibit the possession of a thing by a person in charge of the casino, an agent or employee of the casino licensee, an inspector or a police officer if that thing has been seized by any of those persons from another person for destruction or for use as evidence in proceedings for any offence.

    8. Forgery

      A person shall not—

      (a)forge or counterfeit chips, a chip purchase voucher, a licence or a form of identification used for this Act; or

      (b)knowingly utter counterfeit chips or knowingly utter a forged or counterfeit chip purchase voucher, licence or such a form of identification.

      Maximum penalty:  500 penalty units, imprisonment for 5 years or both.

    Division 7.5               Provision of money for gaming

    1. Restriction on credit

      The casino licensee or a casino employee shall not, in relation to gaming in the casino—

      (a)extend credit in any form to any person; or

      (b)accept a credit wager from any person; or

      (c)provide cash or chips to any person on a blank cheque; or

      (d)make a loan to any person; or

      (e)provide cash or chips to any person in respect of a credit card or debit card transaction.

      Maximum penalty:  50 penalty units.

    2. Cheques

      (1)The casino licensee shall not accept a cheque, other than a cheque of a kind, and otherwise than in accordance with the procedures, specified in the regulations.

      Maximum penalty:  10 penalty units.

      (2)The casino licensee shall, in relation to a cheque accepted by the licensee that has not been redeemed under section 82, present the cheque for payment within such period as is determined, in writing, by the commission.

      Maximum penalty:  10 penalty units.

      (3)The casino licensee shall not accept or cash a cheque at the request of any person if any cheque previously received by the casino licensee from that person has been dishonoured and the debt so incurred has not been discharged.

      Maximum penalty:  50 penalty units, imprisonment for 1 year or both.

      (4)Nothing in this section shall be taken to require the casino licensee to cash a cheque at the request of any person.

      (5)A determination under subsection (2) is a notifiable instrument.

      Note A notifiable instrument must be notified under the Legislation Act 2001.

    3. Deposit accounts

      (1)The casino licensee may establish for an individual a deposit account.

      (2)The casino licensee may issue to a person who establishes a deposit account—

      (a)chips; or

      (b)chip purchase vouchers; or

      (c)money; or

      (d)a cheque;

      not exceeding in total value the amount standing to the credit of the account at the time of issue of the chips, vouchers, money or cheque.

      (3)The casino licensee shall credit to the deposit account of a person—

      (a)the amount of any money or cheque deposited with the casino licensee for the purpose by the person; and

      (b)the amount of any money transferred by the person to that account directly from an account operated by the person with a financial institution.

      (4)The casino licensee shall debit the deposit account of a person with—

      (a)an amount equal to—

      (i)the face value of chips or vouchers; or

      (ii)the amount of money; or

      (iii)the amount of a cheque;

      issued to the person under subsection (2); and

      (b)the amount of any money transferred by the person from that account directly to an account operated by the person with a financial institution.

      (5)The casino licensee shall not credit an amount to the deposit account of a person, or debit the deposit account of a person with an amount, otherwise than in accordance with this section.

    4. Redemption of cheques

      A person may, with the agreement of the casino licensee, redeem any cheque accepted from the person by the casino licensee, at any time prior to presentation, or the end of the period specified for presentation, of the cheque for payment under section 80 (2), by presenting at the cash desk of the casino—

      (a)an amount of money equivalent to; or

      (b)chips the face value of which is equivalent to; or

      (c)if more than 1 cheque is being redeemed—a consolidating cheque for an amount equivalent to;

      the amount of the cheque, or the sum of the amounts of the cheques, to be redeemed.

    5. Proceedings etc in relation to gaming

      (1)Notwithstanding any other Territory law, an action lies at the suit of the casino licensee to recover the amount of a cheque drawn in respect of a gaming debt incurred in the casino and subsequently dishonoured.

      (2)The casino licensee shall not assign to a third party the whole or any part of any rights arising out of a gaming debt incurred in the casino by a person, being a debt incurred because of the dishonour of a cheque drawn by that lastmentioned person and accepted by the casino licensee.

      Maximum penalty:  50 penalty units.

      (3)An action lies against the casino licensee to recover—

      (a)money won at gaming in the casino; or

      (b)the amount of a cheque given by the casino licensee in payment of money so won and subsequently dishonoured.

    Part 8Casino employees’ licences

    Division 8.1               Employment of licence holders

    1. Key employees

      (1)The casino licensee commits an offence in respect of each day during any part of which the licensee knowingly or recklessly employs or permits to work in relation to the casino as a key employee a person who does not hold a key employee’s licence.

      Maximum penalty (for each day):  5 penalty units.

      (2)A person who does not hold a key employee’s licence commits an offence in respect of each day during any part of which the person is employed or works in relation to the casino as a key employee.

      Maximum penalty (for each day):  5 penalty units.

      (3)The casino licensee shall not knowingly or recklessly permit a person who holds a key employee’s licence to be employed or to work in relation to the casino while contravening a condition of the licence.

      Maximum penalty:  5 penalty units.

      (4)A person who holds a key employee’s licence shall not be employed or work in relation to the casino while contravening a condition of the licence.

      Maximum penalty:  5 penalty units.

      (5)In this section:

      key employee’s licence includes a provisional key employee’s licence.

    2. Operations employees

      (1)The casino licensee commits an offence in respect of each day during any part of which the licensee knowingly or recklessly employs or permits to work in relation to the casino as an operations employee a person who does not hold an operations employee’s licence.

      Maximum penalty (for each day):  5 penalty units.

      (2)A person who does not hold an operations employee’s licence commits an offence in respect of each day during any part of which the person is employed or works in relation to the casino as an operations employee.

      Maximum penalty (for each day):  5 penalty units.

      (3)The casino licensee shall not knowingly or recklessly permit a person who holds an operations employee’s licence to be employed or to work in relation to the casino while contravening a condition of the licence.

      Maximum penalty:  5 penalty units.

      (4)A person who holds an operations employee’s licence shall not be employed or work in relation to the casino while contravening a condition of the licence.

      Maximum penalty:  5 penalty units.

      (5)In this section:

      operations employee’s licence includes a provisional operations employee’s licence.

    Part 11Review of decisions

    1. Definitions for pt 11

      In this part:

      primary decision means—

      (a)a decision of the commission under section 15 (6) remitting any part, or the whole, of the daily penalty payable under section 15; or

      (b)a decision of the commission under section 55 giving or refusing to give an approval relating to the entering into of a supply contract; or

      (c)a decision of the commission under section 56 terminating a supply contract; or

      (d)a decision of the commission under section 59 approving or refusing to approve plans and diagrams; or

      (e)a decision of the commission under section 60 approving or refusing to approve gaming equipment or chips; or

      (f)a decision by the commission to issue or vary an approved schedule of opening times under section 63; or

      (g)a decision of the commission under section 71 specifying a restriction or condition in regard to the playing of an authorised game; or

      (h)a decision of the commission under section 72—

      (i)approving or refusing to approve rules under which an authorised game is to be played; or

      (ii)amending the rules under which an authorised game is to be played; or

      (i)a decision of the commission under section 93 approving or refusing to approve an application for a casino employee’s licence or refusing to approve an application for a casino employee’s licence of the type for which application was made; or

      (j)a decision of the commission under section 95 (3) varying or revoking a condition to which a casino employee’s licence is subject; or

      (k)a decision of the commission under section 98 varying or refusing to vary the functions that the holder of a casino employee’s licence may exercise in relation to the casino; or

      (l)a decision of the chief casino inspector under section 99 refusing to issue a copy of a casino employee’s licence; or

      (m)a decision of the commission under section 100 suspending or cancelling a casino employee’s licence; or

      (n)a direction given by the commission under section 129 to the operation of the casino.

      reviewable decision means a primary decision in respect of which a certificate under section 128 (1) has not been signed.

    2. Review of decisions

      Application may be made to the administrative appeals tribunal for a review of a reviewable decision.

    3. Notification of decisions

      (1)The person making a primary decision must cause written notice of the decision to be given to—

      (a)the person whose interests are affected by the decision; and

      (b)if the decision is a decision of a kind mentioned in section 125, definition of primary decision, paragraph (l)—the casino licensee.

      (2)A notice given under subsection (1) in respect of a reviewable decision shall be in accordance with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B (1).

    Part 12Miscellaneous

    127AEffect on Territory plan

    (1)Section 4 has effect despite the Land Act, sections 8 and 9.

    (2)Except as provided in subsection (1), nothing in this Act shall be taken to authorise doing any act, or approving the doing of any act, that would be inconsistent with the plan.

    (3)In this section:

    Land Act means the Land (Planning and Environment) Act 1991.

    plan—see the Land Act.

    1. Security related decisions

      (1)If—

      (a)the commission makes a decision of a kind referred to in section 125, definition of primary decision; and

      (b)that decision is based on a matter relating to the security of the casino or of an authorised game;

      the commission shall issue a certificate to that effect.

      (2)If—

      (a)the Minister makes a decision—

      (i)under section 45 refusing to grant a casino licence; or

      (ii)under section 52 refusing to approve a lease of the casino; or

      (iii)under section 54 refusing to approve a variation of a casino lease or casino operation agreement; and

      (b)that decision is based on a matter relating to the security of the casino or of an authorised game;

      the Minister shall sign a certificate to that effect.

      (3)The commission shall, as soon as practicable after issuing a certificate under this section, forward the certificate to the Minister.

    2. Directions for management

      (1)The commission may, by written notice, give directions to the casino licensee in relation to any matter connected with the operation of the casino.

      (2)The casino licensee shall comply with a direction under subsection (1).

    3. Recommendations of commission

      If, under this Act, the Minister, in making a decision in relation to a particular matter, is required to have regard to any recommendations made by the commission in respect of that matter, the Minister may—

      (a)accept the recommendation; or

      (b)reject the recommendation; or

      (c)refer the matter back to the commission for further consideration or investigation.

    4. Evidence

      (1)In proceedings for an offence against this Act, a certificate signed by the Minister stating—

      (a)that, at a specified time or during a specified period, a specified person was, or was not, the holder of a licence; or

      (b)that, on a specified day, specified names were included in the list of names maintained under section 70G; or

      (c)that a direction, notice, order, requirement, decision or licence was given, made, granted or issued under this Act;

      is prima facie evidence of the matters so stated.

      (2)In proceedings for an offence against this Act, evidence that a person accepted service of a document is evidence of the authority of the person to accept service of the document.

      (3)A document that purports to have been signed by an authorised person shall be taken to have been so signed unless the contrary is proved.

    5. Determination of fees

      (1)The Minister may, in writing, determine fees for this Act.

      Note The Legislation Act 2001 contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).

      (2)A determination is a disallowable instrument.

      Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

    6. Regulation-making power

      (1)The Executive may make regulations for this Act.

      Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. 

      (2)The regulations may—

      (a)make provision in relation to the control of the casino or of the operations of the casino; or

      (b)make provisions in relation to the quality, type or identification of gaming equipment to be used in the casino; or

      (c)make provision in relation to the maintenance or use of gaming equipment in the casino; or

      (d)make provision in relation to the control of chip stock; or

      (e)prescribe standards or procedures for the testing, repair or overhaul of gaming equipment; or

      (f)make provision in relation to the handling of chips by casino employees or the use of chips by patrons of the casino; or

      (g)make provision in relation to the transportation of gaming equipment or chips to or from the casino; or

      (h)make provision in relation to the security arrangements to be applied in relation to the casino; or

      (i)prescribe, for the purposes of security and orderly gaming, requirements for the layout of the casino relating to—

      (i)the siting of gaming tables, gaming equipment, counting rooms, cages and other facilities provided for operations in the casino; and

      (ii)the method of installation of any closed-circuit television system, the position and field of coverage of cameras associated with the system and the height of the cameras above the gaming operations in the casino; and

      (iii)the position and type of any catwalk surveillance system for use in connection with the direct visual monitoring of operations of the casino; and

      (iv)the communications facilities provided for persons maintaining operations in the casino, whether by means of a closed-circuit television system, a catwalk surveillance system or by some other means; and

      (v)the office and related facilities to be provided for inspectors;

      (j)prescribe procedures for the payment of winning wagers; or

      (k)prescribe procedures for the supervision and control of the counting of money; or

      (l)specify the amount, or prescribe procedures for specifying the amount, of any bet to be made in connection with the playing of an authorised game; or

      (m)prescribe procedures for the reconciliation of disputes arising out of the conduct of gaming in the casino; or

      (n)prescribe accounts or other records to be kept by the casino licensee; or

      (o)prescribe requirements to be observed by the casino licensee in relation to the publication of information about the casino and its activities; or

      (p)make provision in relation to notices to be displayed in the casino by the casino licensee; or

      (q)make provision in relation to the control of commission-based player schemes; or

      (r)make provision in relation to the method of identification of a casino employee who is exercising duties in relation to gaming; or

      (s)prescribe criteria for the grant of a casino licence or a casino employee’s licence, including matters relating to the control of any corporation affected by this Act or to substantial shareholders of, foreign participation in, or persons who are associates of, such a corporation; or

      (t)prescribe conditions to be applicable to a casino licence; or

      (u)require that any matter affected by the regulations be subject to the approval, or satisfaction, of a specified body, or a person holding or occupying a particular office, so as to authorise such a body or person to exercise a discretionary authority.

      (3)The regulations may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 10 penalty units for offences against the regulations.

      (4)In making regulations in relation to a matter of a kind referred to in subsection (2) (a), the Executive must have regard to any recommendations made by the commission.

    7. Transitional provision on control agreement

      The development agreement that was in place immediately before the commencement of the Gambling Legislation Amendment Act 1999, section 13, continues in existence as a control agreement, and is taken to have been duly notified in accordance with section 42.

    Endnotes

    1. About the endnotes

      Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

      Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

      Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

      If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

      The endnotes also include a table of earlier republications.

    2. Abbreviation key

    am = amended ord = ordinance
    amdt = amendment orig = original
    ch = chapter par = paragraph/subparagraph
    def = definition pres = present
    dict = dictionary prev = previous
    disallowed = disallowed by the Legislative (prev...) = previously
    Assembly pt = part
    div = division r = rule/subrule
    exp = expires/expired renum = renumbered
    Gaz = gazette reloc = relocated
    hdg = heading R[X] = Republication No
    IA = Interpretation Act 1967 RI = reissue
    ins = inserted/added s = section/subsection
    LA = Legislation Act 2001 sch = schedule
    LR = legislation register sdiv = subdivision
    LRA = Legislation (Republication) Act 1996 sub = substituted
    mod = modified/modification SL = Subordinate Law
    o = order underlining = whole or part not commenced
    om = omitted/repealed or to be expired
    1. Legislation history

      This Act was originally a Commonwealth ordinance—the Casino Control Ordinance 1988 No 72 (Cwlth).

      The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).

      As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).

      After 11 May 1989 and before 10 November 1999, Acts commenced on their notification day unless otherwise stated (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 25).

      Commonwealth legislation

      Casino Control Act 1988 No 72

      notified 23 September 1988

      commenced 12 December 1988 (Cwlth Gaz 1988 No S383)

      as amended by

      Legislation before becoming Territory enactment

      Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch 1

      notified 10 May 1989 (Cwlth Gaz 1989 No S160)
      s 1, s 2 commenced 10 May 1989 (s 2 (1))

      sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)

      Legislation after becoming Territory enactment

      Statutory Authorities (Audit Arrangements) Act 1990 No 25 pt 5

      notified 22 June 1990 (Gaz 1990 No S29)
      s 1, s 2 commenced 22 June 1990 (s 2 (1))

      pt 5 remainder commenced 22 June 1990 (s 2 (2) and Gaz 1990 No S35)

      Casino Control (Amendment) Act 1991 No 117

      notified 10 January 1992 (Gaz 1992 No S162)

      commenced 10 January 1992

      Land (Planning and Environment) (Consequential Provisions) Act 1991 No 118 sch 1 pt 3

      notified 15 January 1992 (Gaz 1992 No S3)
      s 1, s 2 commenced 15 January 1992 (s 2 (1))

      sch 1 pt 3 commenced 2 April 1992 (s 2 (2) and Gaz 1992 No 13)

      Casino Control (Amendment) Act 1992 No 81

      notified 22 December 1992 (Gaz 1992 No S240)

      commenced 22 December 1992 (s 2)

      Casino Control (Amendment) Act 1993 No 34

      notified 25 June 1993 (Gaz 1993 No S114)

      commenced 25 June 1993 (s 2)

      Public Sector Management (Consequential and Transitional Provisions) Act 1994 No 38 sch 1 pt 13

      notified 30 June 1994 (Gaz 1994 No S121)
      s 1, s 2 commenced 30 June 1994 (s 2 (1))

      remainder commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)

      Administrative Appeals (Consequential Amendments) Act 1994 No 60 sch 1

      notified 11 October 1994 (Gaz 1994 No S197)
      s 1, s 2 commenced 11 October 1994 (s 2 (1))

      sch 1 commenced 14 November 1994 (s 2 (2) and see Gaz 1994 No S250)

      Statutory Offices (Miscellaneous Provisions) Act 1994 No 97 sch pt 1

      notified 15 December 1994 (Gaz 1994 No S280)
      s 1, s 2 commenced 15 December 1994 (s 2 (1))

      sch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994 No S293)

      Casino Control (Amendment) Act 1994 No 102 (as am by 1996 No 79)

      notified 22 December 1994 (Gaz 1994 No S289)
      s 1, s 2 commenced 22 December 1994 (s 2 (1))
      ss 4-8 commenced 16 January 1995 (s 2 (2) and Gaz 1995 No S21)

      s 9 commenced 1 January 1997 (s 2 (4))

      Financial Management and Audit (Consequential and Transitional Provisions) Act 1996 No 26 sch pt 5

      notified 1 July 1996 (Gaz 1996 No S130)

      commenced 1 July 1996 (s 2)

      Casino Control (Amendment) Act 1996 No 79

      notified 20 December 1996 (Gaz 1996 No S328)
      ss 1-3 and 9 commenced 20 December 1996 (s 2 (1))

      remainder commenced 1 January 1997 (s 2 (2))

      Remuneration Tribunal (Consequential Amendments) Act 1997 No 41 sch 1 (as am by Act 2002 No 49 amdt 3.222)

      notified 19 September 1997 (Gaz 1997 No S264)

      commenced 24 September 1997 (s 2 as am by Act 2002 No 49 amdt 3.222)

      Financial Institutions (Removal of Discrimination) Act 1997 No 88 sch

      notified 1 December 1997 (Gaz 1997 No S380)
      s 1, s 2 commenced 1 December 1997 (s 2 (1))

      sch commenced 31 December 1997 (s 2 (2) and Gaz 1997 No S442)

      Legal Practitioners (Consequential Amendments) Act 1997 No 96 sch 1

      notified 1 December 1997 (Gaz 1997 No S380)
      s 1, s 2 commenced 1 December 1997 (s 2 (1))

      sch 1 commenced 1 June 1998 (see s 2 (2))

      Statute Law Revision (Penalties) Act 1998 No 54 sch

      notified 27 November 1998 (Gaz 1998 No S207)
      s 1, s 2 commenced 27 November 1998 (s 2 (1))

      sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)

      Casino Control (Amendment) Act 1999 No 19

      notified 14 April 1999 (1999 No S16)

      commenced 14 April 1999 (s 2)

      Gambling and Racing Control (Consequential Provisions) Act 1999 No 47 s 3 and sch

      notified 17 September 1999 (Gaz 1999 No S54)
      s 1, s 2 commenced 17 September 1999 (s 2 (1))

      s 3, sch commenced 1 December 1999 (s 2 (2) and Gaz 1999 No S63)

      Gambling Legislation Amendment Act 1999 No 56 pt 2 and sch 1

      notified 10 November 1999 (Gaz 1999 No 45)
      s 1, s 2 commenced 10 November 1999 (s 2 (1))

      pt 2 and sch 1 commenced 1 December 1999 (s 2 (2) and Gaz 1999 No S63)

      Legislation (Consequential Amendments) Act 2001 No 44 pt 54

      notified 26 July 2001 (Gaz 2001 No 30)
      s 1, s 2 commenced 26 July 2001 (IA s 10B)

      pt 54 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

      Legislation Amendment Act 2002 No 11 pt 2.5

      notified LR 27 May 2002
      s 1, s 2 commenced 27 May 2002 (LA s 75)

      pt 2.5 commenced 28 May 2002 (s 2 (1))

      Statute Law Amendment Act 2002 (No 2) No 49 pt 3.1, amdt 3.222

      notified LR 20 December 2002
      s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))
      pt 3.1 commenced 17 January 2003 (s 2 (1))
      amdt 3.222 commenced 24 September 1997 (s 2 (3))

      Criminal Code 2002 No 51 pt 1.3

      notified LR 20 December 2002
      s 1, s 2 commenced 20 December 2002 (LA s 75 (1))

      pt 1.3 commenced 1 January 2003 (s 2 (1))

      Legislation (Gay, Lesbian and Transgender) Amendment Act 2003 A2003-14 sch 1 pt 1.3

      notified LR 27 March 2003
      s 1, s 2 commenced 27 March 2003 (LA s 75 (1))

      sch 1 pt 1.3 commenced 28 March 2003 (s 2)

      Sexuality Discrimination Legislation Amendment Act 2004 A2004-2 sch 1 pt 1.3

      notified LR 18 February 2004
      s 1, s 2 commenced 18 February 2004 (LA s 75 (1))
      sch 1 pt 1.3 commenced 22 March 2004 (s 2 and CN2004-4)



      Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 1 pt 1.2, sch 2 pt 2.13

      notified LR 26 March 2004
      s 1, s 2 commenced 26 March 2004 (LA s 75 (1))

      sch 1 pt 1.2, sch 2 pt 2.13 commenced 9 April 2004 (s 2 (1))

      as repealed by

      Casino Control Act 2006 A2006-2 s 156 (1)

      notified LR 22 February 2006
      s 1, s 2 commenced 22 February 2006 (LA s 75 (1))


      s 156 (1) commenced 1 May 2006 (s 2 and CN2006-6)

    2. Amendment history

      Commencement

      s 2om 2001 No 44 amdt 1.535

      Incorporation of Gambling and Racing Control Act

      s 2Ains 1999 No 56 s 4

      Definitions for Act

      s 3am 1991 No 117 s 3; 1999 No 56 s 5

      def approved schedule of opening times ins 1999 No 56 s 5

      def approved system ins 1999 No 56 s 5

      def authorised person am 1989 No 38 sch 1; 1999 No 47 sch

      def authorised police officer om 1999 No 56 s 5

      def authority om 1999 No 47 sch

      def casino sub 1991 No 117 s 3; 1999 No 56 s 5

      def casino lease am 1999 No 56 s 5

      def casino licensee sub 1999 No 56 s 5

      def casino operation agreement am 1999 No 56 s 5

      def censure ins 1999 No 56 s 5

      def chairperson om 1999 No 47 sch

      def commission ins 1999 No 47 sch

      def commission-based gaming ins 1996 No 79 s 4

      def commission-based player scheme ins 1996 No 79 s 4

      def commission-based player tax ins 1996 No 79 s 4

      def control agreement sub 1999 No 56 s 5

      def determined fee om 2001 No 44 amdt 1.536

      def developer om 1999 No 56 s 5

      def development agreement om 1999 No 56 s 5

      def disciplinary action ins 1999 No 56 s 5

      def excluded person ins 1999 No 56 s 5

      def financial year sub 1993 No 34 s 4

      def general tax ins 1994 No 102 s 4

      def grounds for disciplinary action ins 1999 No 56 s 5

      def group ins 1999 No 56 s 5

      def influential person ins 1999 No 56 s 5

      def inspector sub 1994 No 97 sch pt 1; 1999 No 56 s 5

      def investigator om 1999 No 56 s 5

      def involved person am 1999 No 56 s 5; pars renum R7 LA

      def junket om 1996 No 79 s 4

      def junket gaming ins 1994 No 102 s 4

      om 1996 No 79 s 4

      def junket tax ins 1994 No 102 s 4

      om 1996 No 79 s 4

      def member om 1999 No 47 sch

      def operation am 1999 No 56 s 5; pars renum R7 LA

      def operations employee am 2001 No 44 amdt 1.537

      def owner sub 1999 No 56 s 5

      def prescribed identity document ins 1999 No 56 s 5

      def proprietor om 1999 No 56 s 5

      def respectable ins 1999 No 56 s 5

      def suitable ins 1999 No 56 s 5

      def this Act om 2001 No 44 amdt 1.538

      Determination of people who are not operations employees

      s 3AAins 2001 No 44 amdt 1.539

      Owners

      s 3Ains 1999 No 56 s 6

      Suitability

      s 3Bins 1999 No 56 s 6

      Respectability

      s 3Cins 1999 No 56 s 6

      Influential persons

      s 3Dins 1999 No 56 s 6

      Offences against Act—application of Criminal Code etc

      s 3Eins 1999 No 56 s 6

      om 2002 No 11 amdt 2.10

      ins A2004-2 amdt 1.12

      Casino

      div 2.1 hdg(prev pt 2 div 1 hdg) renum R7 LA

      Designation of casino

      s 4am 1991 No 117 s 4; 1999 No 19 s 4

      sub 1999 No 56 s 7; 2002 No 49 amdt 3.1

      List of persons excluded from casino

      s 6am 1998 No 54 sch; 1999 No 47 s 5 sch

      om 1999 No 56 s 8

      Inspectors

      div 2.2 hdg(prev pt 2 div 2 hdg) renum R7 LA

      Chief casino inspector

      s 8am 1989 No 38 sch 1

      Functions of chief casino inspector

      s 9am 1994 No 97 sch pt 1;1999 No 47 s 5 sch; 1999 No 56 s 32 sch 1

      Chief casino inspector—powers

      s 10sub 1994 No 97 sch pt 1

      Inspectors

      s 11am 1989 No 38 sch 1

      sub 1994 No 97 sch pt 1

      Identity card for chief casino inspector

      s 12sub 1994 No 97 sch pt 1

      am 1998 No 54 sch

      sub 1999 No 56 s 9

      Powers of inspectors

      s 14am 1999 No 56 s 10; pars renum R7 LA

      Financial

      div 2.3 hdg(prev pt 2 div 3 hdg) renum R7 LA

      Casino licence fee

      s 15am 1999 No 47 s 5 sch; 2001 No 44 amdts 1.540-1.542

      General tax

      s 16am 1989 No 38 sch 1; 1994 No 102 s 5; 1996 No 79 s 5; amdts 1.543-1.546

      Commission-based player tax

      s 16Ains 1994 No 102 s 6

      am 1996 No 79 s 6; 2001 No 44 amdts 1.547-1.550

      Liability for fee and taxes—suspension of licence

      s 17am 1989 No 38 sch 1; 1994 No 102 s 7; 1996 No 79 s 7; 1999 No 47 s 5 sch; 1999 No 56 s 11

      General

      pt 2 div 4 hdg        om 1999 No 56 s 12

      Investigations

      s 18am 1998 No 54 sch; 1999 No 47 s 5 sch

      om 1999 No 56 s 12

      Selfincrimination

      s 19am 1989 No 38 sch 1; 1994 No 38 sch 1 pt 13

      om 1999 No 56 s 12

      Secrecy

      s 20am 1998 No 54 sch

      om 1999 No 56 s 12

      Tabling of documents

      s 21am 1989 No 38 sch 1

      om 1999 No 56 s 12

      Casino surveillance authority

      pt 3 hdgom 1999 No 47 s 3

      Establishment of authority

      s 22om 1999 No 47 s 3

      Functions of authority

      s 23om 1999 No 47 s 3

      Powers of authority

      s 24om 1999 No 47 s 3

      Membership of authority

      s 25om 1999 No 47 s 3

      Appointment of members

      s 26am 1997 No 96 sch 1

      om 1999 No 47 s 3

      Term of office

      s 27om 1999 No 47 s 3

      Basis of holding office

      s 28om 1999 No 47 s 3

      Remuneration and allowances

      s 29om 1997 No 41 sch 1

      Leave of absence

      s 30om 1999 No 47 s 3

      Resignation

      s 31om 1999 No 47 s 3

      Disclosure of interests

      s 32om 1999 No 47 s 3

      Termination of appointment

      s 33om 1999 No 47 s 3

      Terms and conditions of appointment not provided for by Act

      s 34om 1999 No 47 s 3

      Acting appointments

      s 35om 1999 No 47 s 3

      Meetings

      s 36om 1999 No 47 s 3

      Money of authority

      s 37om 1999 No 47 s 3

      Application of authority

      s 38om 1999 No 47 s 3

      Audit Act to apply

      s 38Ains 1990 No 25 s 7

      om 1996 No 26 sch pt 5

      Development and control agreements

      pt 4 hdgsub 1999 No 56 s 13

      Approval of developer

      s 39am 1999 No 47 s 5 sch

      om 1999 No 56 s 13

      Development agreement

      s 40om 1999 No 56 s 13

      Owner of casino

      s 41am 1999 No 47 s 5 sch

      sub 1999 No 56 s 13

      Commission must make control agreement

      s 42sub 1999 No 56 s 13

      am 2001 No 44 amdt 1.551

      Control agreement

      s 43sub 1999 No 56 s 13

      Notification of agreements

      s 44om 1999 No 56 s 13

      Grant of casino licence

      s 45am 1991 No 117 s 5; 1999 No 47 s 5 sch; 1999 No 56 s 14; 2001 No 44 amdt 1.552; ss renum R7 LA

      Casino licensee must comply with code of practice

      s 45Ains 1999 No 56 s 15

      Surrender of casino licence

      s 47am 1989 No 38 sch 1; 1994 No 102 s 8; 1999 No 47 s 5 sch

      Commission may take disciplinary action against casino licensee

      s 48am 1989 No 38 sch 1; 1991 No 117 s 6; 1999 No 47 s 5 sch

      sub 1999 No 56 s 16

      Minister may suspend or cancel the casino licence in public interest

      s 48Ains 1991 No 117 s 7

      sub 1999 No 56 s 16

      Grounds for disciplinary action

      s 48Bins 1999 No 56 s 16

      Procedure for disciplinary action or Ministerial action

      s 49sub 1999 No 56 s 16

      Assignment of casino licence

      s 50am 1999 No 47 s 5 sch; 1999 No 56 s 17; 2001 No 44 amdts 1.553-1.557

      Appointment of administrator

      s 51am 1999 No 47 s 5 sch

      Lease of casino

      s 52am 1999 No 47 s 5 sch; 1999 No 56 s 18; 2001 No 44 amdts 1.558-1.561; ss renum R7 LA

      Casino operation agreement

      s 53am 1999 No 56 s 19; 2001 NO 44 amdt 1.562

      Scrutiny of supply contracts

      s 55am 1999 No 47 s 5 sch; 2001 No 44 amdts 1.563-1.565

      Termination of supply contracts

      s 56am 1999 No 47 s 5 sch

      Effect of termination

      s 57am 1989 No 38 sch 1; 1999 No 47 s 5 sch

      Facilities and operations

      div 7.1 hdg(prev pt 7 div 1 hdg) sub 1999 No 56 s 20

      renum R7 LA

      Directions about operations

      s 57Ains 1999 No 56 s 20

      Maintenance of facilities

      s 58am 1999 No 47 s 5 sch

      sub 1999 No 56 s 20

      Approval of layout

      s 59am 1998 No 54 sch; 1999 No 47 s 5 sch

      sub 1999 No 56 s 20

      Approval of gaming equipment and chips

      s 60am 1999 No 47 s 5 sch

      sub 1999 No 56 s 20

      Approved system of controls and procedures must be implemented

      s 60Ains 1999 No 56 s 20

      Content of approved system

      s 60Bins 1999 No 56 s 20

      Operating times

      div 7.2 hdg(prev pt 7 div 2 hdg) sub 1999 No 56 s 20

      renum R7 LA

      Application of Holidays Act

      s 61sub 1999 No 56 s 20

      Casino must operate only at approved times

      s 62am 1998 No 54 sch; 1999 No 47 s 5 sch

      sub 1999 No 56 s 20

      Approved schedule of opening times

      s 63am 1999 No 47 s 5 sch

      sub 1999 No 56 s 20

      Exclusion of persons from casino

      div 7.3 hdg(prev pt 7 div 3 hdg) sub 1999 No 56 s 20

      renum R7 LA

      Excluded persons

      s 64am 1999 No 47 s 5 sch

      sub 1999 No 56 s 20

      No general right of entry to casino

      s 65sub 1999 No 56 s 20

      Entry of inspectors

      s 66am 1998 No 54 sch

      sub 1999 No 56 s 20

      Entry of police

      s 67am 1998 No 54 sch

      sub 1999 No 56 s 20

      Exclusion of children

      s 68am 1998 No 54 sch

      sub 1999 No 56 s 20; A2004-2 amdt 1.13

      Casino licensee may notify persons of exclusion

      s 69am 1998 No 54 sch

      sub 1999 No 56 s 20

      am 2001 No 44 amdt 1.566

      Casino licensee must notify certain persons of exclusion

      s 70sub 1999 No 56 s 20

      Notification of exclusion by commissioner of police or commission

      s 70Ains 1999 No 56 s 20

      Requests for exclusion

      s 70Bins 1999 No 56 s 20

      am 2001 No 44 amdts 1.567-1.569

      Requests for revocation of exclusion

      s 70Cins 1999 No 56 s 20

      am 2001 No 44 amdt 1.570

      Casino licensee must exclude excluded persons

      s 70Dins 1999 No 56 s 20

      Excluded person must not enter casino

      s 70Eins 1999 No 56 s 20

      Enforcement

      s 70Fins 1999 No 56 s 20

      Record of persons excluded from casino

      s 70Gins 1999 No 56 s 20

      Gaming and related activities

      div 7.4 hdg(prev pt 7 div 4 hdg) renum R7 LA

      Authorised games

      s 71am 1999 No 47 s 5 sch; 1999 No 56 s 21; 2001 No 44 amdts 1.571-1.573

      Rules for authorised games

      s 72am 1999 No 47 s 5 sch; 1999 No 56 s 22; 2001 No 44 amdts 1.575-1.580

      Gaming equipment and chips

      s 73am 1998 No 54 sch; 1999 No 47 s 5 sch

      Conduct of gaming

      s 74am 1998 No 54 sch

      Gaming by certain persons prohibited

      s 75am 1989 No 38 sch 1; 1992 No 81 s 4; 1998 No 54 sch; 1999 No 47 s 5 sch; ss renum R7 LA

      Gaming machines

      s 76am 1998 No 54 sch

      Cheating

      s 77am 1998 No 54 sch

      Forgery

      s 78am 1998 No 54 sch

      Provision of money for gaming

      div 7.5 hdg(prev pt 7 div 5 hdg) renum R7 LA

      Restriction on credit

      s 79am 1998 No 54 sch; 1999 No 47 s 5 sch; 1999 No 56 s 23

      Cheques

      s 80am 1998 No 54 sch; 1999 No 47 s 5 sch; 2001 No 44 amdt 1.581, amdt 1.582

      Proceedings etc in relation to gaming

      s 83am 1998 No 54 sch

      Employment of licence holders

      div 8.1 hdg(prev pt 8 div 1 hdg) renum R7 LA

      Key employees

      s 84am 1998 No 54 sch

      Operations employees

      s 85am 1998 No 54 sch

      Information relating to casino employees

      s 86am 1999 No 47 s 5 sch; 2001 No 44 amdts 1.583-1.585

      Effect of suspension or cancellation of licence

      s 87am 1989 No 38 sch 1; 1999 No 47 s 5 sch

      Application for licences

      div 8.2 hdg(prev pt 8 div 2 hdg) renum R7 LA

      Eligibility for issue of casino employees’ licences

      s 88am 1991 No 117 s 8; pars renum R7 LA

      Application for casino employee’s licence

      s 89am 1999 No 47 s 5 sch; 1999 No 56 s 24; 2001 No 44 amdts 1.586-1.589

      Destruction of prints and photographs

      s 90am 1999 No 47 s 5 sch; 1999 No 56 s 25

      Change of particulars set out in application

      s 91am 1999 No 47 s 5 sch

      Requirement for further information

      s 92am 1999 No 47 s 5 sch

      Approval of application

      s 93am 1999 No 47 s 5 sch

      Issue of licences

      div 8.3 hdg(prev pt 8 div 3 hdg) renum R7 LA

      Issue of casino employee’s licence

      s 94am 1999 No 47 s 5 sch; 2001 No 44 amdt 1.590, amdt 1.591

      Conditions of casino employee’s licence

      s 95am 1999 No 47 s 5 sch

      Provisional casino employee’s licence

      s 96am 1999 No 47 s 5 sch; 2001 No 44 amdts 1.592-1.595

      General

      div 8.4 hdg(prev pt 8 div 4 hdg) renum R7 LA

      Duration of casino employee’s licence

      s 97am 1999 No 47 s 5 sch; 2001 No 44 amdts 1.596-1.603

      Variation of casino employee’s licence

      s 98am 1999 No 47 s 5 sch; 2001 No 44 amdts 1.604-1.607

      Loss etc of casino employee’s licence

      s 99am 1999 No 47 s 5 sch; 2001 No 44 amdt 1.608, amdt 1.609

      Suspension and cancellation of casino employee’s licence

      s 100am 1999 No 47 s 5 sch; 1999 No 56 s 32 sch 1

      am 2002 No 11 amdt 2.11; 2002 No 51 amdt 1.4

      Powers of search, entry and seizure

      div 9.1 hdg(prev pt 9 div 1 hdg) renum R7 LA

      Interpretation for pt 9

      s 101am 1999 No 56 s 32 sch 1; A2004-15 amdt 2.30

      Restrictions affecting search of persons

      s 108am A2003-14 amdt 1.9

      renum R11 LA (see A2003-14 amdt 1.10)

      Disposal of gaming equipment etc after seizure

      s 109am 1989 No 38 sch 1; 1999 No 47 s 5 sch

      Offences

      div 9.2 hdg(prev pt 9 div 2 hdg) renum R7 LA

      Obstructing inspector

      s 111am 1998 No 54 sch

      om A2004-15 amdt 2.31

      Compliance with requirement of inspector

      s 112am 1998 No 54 sch

      False information

      s 113am 1998 No 54 sch

      om A2004-15 amdt 2.31

      Impersonating licence holder etc

      s 114 hdgsub A2004-15 amdt 2.32

      s 114am 1998 No 54 sch; A2004-15 amdt 2.33

      Failure to provide information

      s 115am 1998 No 54 sch

      Conflict of interest

      s 116am 1998 No 54 sch; 1999 No 47 s 5 sch

      Bribery

      s 117am 1998 No 54 sch

      om A2004-15 amdt 2.34

      Acts and omissions of representatives

      s 118sub A2004-15 amdt 1.2

      Banking accounts

      s 119sub 1997 No 88 sch

      am 1998 No 54 sch; 1999 No 47 s 5 sch

      sub 1999 No 56 s 26

      Access to banking records

      s 120am 1997 No 88 sch ; 1998 No 54 sch; 1999 No 47 s 5 sch

      Statement of accounts

      s 122am 1998 No 54 sch; 1999 No 47 s 5 sch

      Audit

      s 123am 1996 No 26 sch pt 5; 1998 No 54 sch; 1999 No 47 s 5 sch; 1999 No 56 s 27

      Retention of records

      s 124am 1998 No 54 sch; 1999 No 56 s 28

      Definitions for pt 11

      s 125am 1999 No 47 s 5 sch; 1999 No 56 s 29; 2001 No 44 amdt 1.610; pars renum R7 LA

      Review of decisions

      s 126am 1989 No 38 sch 1; 1994 No 60 sch 1

      Notification of decisions

      s 127am 1989 No 38 sch 1; 1994 No 60 sch 1; 1999 No 47 s 5 sch; 1999 No 56 s 30

      Effect on Territory plan

      s 127Ains 1991 No 117 s 9

      am 1991 No 118 sch 1 pt 3; 1999 No 56 s 32 sch 1

      Security related decisions

      s 128am 1999 No 47 s 5 sch

      Directions for management

      s 129am 1999 No 47 s 5 sch

      Recommendations of commission

      s 130am 1999 No 47 s 5 sch

      Evidence

      s 131am 1999 No 56 s 32 sch 1

      Determination of fees

      s 132sub 2001 No 44 amdt 1.611

      Regulation-making power

      s 133 hdgsub 2001 No 44 amdt 1.612

      s 133am 1989 No 38 sch 1; 1996 No 79 s 8; 1998 No 54 sch; 1999 No 47 s 5 sch; 2001 No 44 amdts 1.613-1.619

      Commission is successor in title to the authority

      s 134ins 1999 No 47 s 5 sch

      om R6 LRA

      Transitional provision on control agreement

      s 135ins 1999 No 56 s 31

    1. Earlier republications

      Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

      Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

    Republication No

    Amendments to

    Republication date

    1 Act 1990 No 25 31 May 1991
    2 Act 1992 No 81 31 December 1992
    3 Act 1993 No 34 31 January 1994
    4 Act 1994 No 102 31 January 1995
    5 Act 1997 No 96 31 December 1997
    6 Act 1999 No 56 9 June 2000
    7 Act 2001 No 44 23 April 2002
    8 Act 2002 No 11 30 May 2002
    9 Act 2002 No 51 1 January 2003
    10 Act 2002 No 51 17 January 2003
    10 (RI) Act 2002 No 51 ‡ 6 February 2003
    11* A2003-14 28 March 2003
    12 A2004-2 22 March 2004
    13 A2004-15 9 April 2004
    ‡  includes retrospective amendments by Act 2002 No 49

    ©  Australian Capital Territory 2006

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